MASTER ABEER SINGH Vs. SAVITA SHARMA & OTHERS

JUDGEMENT

(1.) By way of Original Miscellaneous Petition No.80 of 2018, applicant (hereinafter referred to as the 'plaintiff') has prayed for ad-interim injunction order against the non-applicants (hereinafter referred to as the 'defendants')

(2.) Before adverting to the factual matrix of the case, it may be noticed that this Court vide order dated 26.3.2018, while issuing notices to the defendants in the main suit, also issued notices in the aforesaid application to all the non-applicants-defendants and directed the parties to the lis to maintain status quo nature, possession and revenue entries existing on the date of passing of the order with respect to the suit property comprised in Khata No.11, Khatauni No.12, Khasra Nos.10, 24, 28, 45, 75, 108, 109, 116, 117 (Kitas 9) measuring 31-06 bighas situated in Mauza Bail, Patwar Circle Salogra, Tehsil and District Solan, and land comprised in khata No.14, khatauni No.15, khasra Nos. 1, 4, 6, 13, 14, 17, 22, 27, 30, 31, 33, 40, 50, 51, 60, 63, 65, 67, 69, 74, 76, 79, 87, 88, 91, 92, 95, 104, 106, 125, 126, 139, 142 (kitas 33), measuring 101-09-00 bighas situated in Mauza Bail, Patwar Circle Salogra, Tehsil and District Solan, H.P. subject to compliance of Order 39 Rule 3 CPC.

(3.) After passing of aforesaid interim order dated 26.3.2018, defendants filed two applications i.e.(1) OMP No.222 of 2018 under Order 7 Rule 11 read with Sec. 151 CPC, Praying therein for rejection of the plaint having been filed by the plaintif, second i.e. OMP No.223 of 2018 under Order 39 Rule 4 read with Sec. 151 CPC, praying therein for setting aside ex-parte injunction order passed by this Court on 26.3.2018. As far as application bearing No.222 of 2018 is concerned, same is disposed of by this Court vide separate order of the even date, whereas OMP No.223 of 2018 and OMP No.80 of 2018 are being taken up together for adjudication as both the applications relates to interim injunction granting by this Court vide order dated 26.3.2018 issued at the time of issuance of notices in the main suit.